DEFENDANTS HAVE FAILED TO PAY EPA'S PAST RESPONSE COSTS DESPITE ISSUANCE OF TWO DEMAND LETTERS ON 5/24/91 & 7/21/93. EXPLANATION OF WHY FOLLOWS (OTHER CASE #02-1979-0010): THE HOOKER 102ND STREET CASE WAS INITIALLY FILED IN DECEMBER 1979; THE COMPLAINT WAS AMENDED IN 1980. OUR MOTIONS TO ADD CERCLA COUNTS IN THE 1985-1988 TIME PERIOD WERE OPPOSED BY OCC AND OLIN WHO STIPULATED, HOWEVER, THAT THE MOTIONS & OPPOSITION THERETO HAD BEEN FULLY BRIEFED & WAS READY FOR CT DECISION. THE JUDGE NEVER RULED ON OUR CERCLA MOTIONS. IN 1993, EPA RE-REFERRED THE MATTER TO DOJ REQUESTING THAT IT FILE A NEW ACTION OR PRESS ANEW THE OLD 1988 CERCLA MOTION THAT WAS STILL BEFORE THE COURT. THIS PROMPTED DOJ TO REOPEN NEGOTIATIONS WITH OCC/OLIN WHICH CULMINATED IN THE CD THAT WAS LODGED JULY 19, 1999. THE CD DEEMS THE MOTIONS TO ADD CERCLA TO THE COMPLAINT TO HAVE BEEN GRANTED AND THEN SETTLES THE ACTION UNDER CERCLA.